If a CJA (court appointed private attorney) is representing…

If a CJA (court appointed...

If a CJA (court appointed private attorney) is representing a defendant and ignores the defendant's information and evidence provided after several months yet insists he's preparing for a trial and refuses to review or hear out any pertinent information from related cases and imperative information about the case what does that individual do? Additionally, the CJA tried to withdraw from the case but the judge refused. There's fear the CJA is not making effort on the case and they've repeatedly made excuses and accused the defendant of being disrespectful and uncooperative when in all actuality they're the ones acting as such. Clear signs they're creating a diversion of chaos in hopes to convince the judge to release them. The trial is coming up in a month and there are major concerns. Right now a motion for judicial review of grand jury proceedings needs to be submitted because there was potential prosecutorial misconduct. The CJA is refusing to talk about the subject or file the motion after being given various materials that would point to there being a strong possibility that the aforementioned misconduct from the fed prosecutor, in addition to proof of misconduct from hearings and investigative procedures. Please advise and sorry for such a long question.

Experience: Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience

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If your attorney is not properly representing you then this is grounds to file a malpractice complaint with the state bar against the attorney. Once you file the complaint against the attorney with the state bar, the judge has to allow him to withdraw from the case and appoint a new attorney. So, that is your next step, if he is not properly representing you then you file a complaint with the state bar against the attorney and then the court needs to appoint a new attorney and if they do not, then that is grounds to appeal for ineffective assistance of counsel and to vacate any adverse decision.

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Experience: Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience

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Customer reply replied 1 month ago

Thanks. I'd assume doing so would form major resentment from current counsel. The deadline for premarked exhibits for trial is in a couple of weeks. should all of this be done before then? Would the judge more likely allow such deadline to be deferred? What if there were already two attorneys that withdrew in past two years for similar reasons why the current one is being reported to State Bar? The fact is that the case is the first of its kind (can't find another case out there like it searching case law).

It would likely cause current counsel to be upset, but they would have to withdraw because of the conflict of interest if you file a bar complaint on them. The judge would have to allow the withdrawal. If two other attorneys already withdrew for similar reasons, the judge is likely to be furious at you and may not appoint another attorney and may force you to finish the case own, so this could be a very bad thing for you to do.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).